Area Variance
An area variance is authorization to use land in a manner not allowed by dimensional or physical requirements of zoning regulations. Under Town Law §267-b, the zoning board applies a balancing test weighing the benefit to the applicant against detriment to the health, safety, and welfare of the neighborhood/community, considering enumerated factors.
- Where it applies
- New York State
- When it comes up
- Entitlement; zoning relief via ZBA
- Property types
- All
In practice
Area-variance outcomes depend strongly on (a) the "substantiality" of the deviation and (b) whether feasible alternatives exist - both should be explicitly documented in the operator's variance case file.
Read more in the Knowledge Base
Related terms
Zoning and Land Use
- Air Rights
- As-of-right Development
- Authorization
- Base Height
- Base Plane
- Board of Standards and Appeals (BSA)
- Building Envelope
- Bulk
- Certification
- Commercial Overlay
General information, not legal, tax or financial advice.